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Dover Employment & Labor Law Attorneys

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Employment Law Is An Expanding Area Protecting Employees

Employment and labor law is an increasingly complex area of practice. There are employment issues such as wrongful termination, retaliation, unpaid wages, discrimination based on national origin or sexual orientation, hostile work environments, violations of minimum wage laws, unemployment benefits, disability, occupational safety, workers’ compensation, breach of contract, and more.

The employment lawyers at Schmittinger & Rodriguez have decades of experience in both federal and state courts. We have a successful track record and will represent employees with an employment law legal issue. All employers and every business have an obligation to not only treat employees well but follow the law. This includes full-time employees as well as independent contractors. Having experienced labor lawyers provide you with legal help will ensure that any misconduct against you is legally remedied and that you a compensated for damages.

How Do I Know If I Need An
Employment Lawyer?

In Delaware today there are many laws that protect employees and open employers up to employment litigation. These are the primary areas of employment law that a person might face on the job, from office or warehouse workers to high-level executives:

    • Employment discrimination

    • Wrongful termination

    • Harassment

    • Sexual discrimination

    • Sexual harassment

    • Whistleblower

    • Retaliation

    • Hostile workplace

    • Unpaid wages

    • Occupational safety

    • Disability

    • Unemployment compensation

    • Workers’ compensation

    • Employment contract

    • Wage and hour disputes

    • Employee benefits

    • Family and medical leave

This is by no means an exhaustive list. In addition, some cases are governed by state courts and others by federal courts. This is why it is essential for any employee who believes they may have a claim, to find the right lawyer and law firm.

Schmittinger & Rodriguez employment attorneys have been representing employees in Delaware for decades. We have a depth of knowledge of employment law that has benefited clients with a wide range of issues and lawsuits.

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At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to experience wrongful workplace events. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected.

If you or someone you love has an employment or labor law issue, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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Most Common Questions

What Is Employment Discrimination?
What Is Employment Harassment?
What Is Wrongful Termination?
What Is Sexual Harassment & Discrimination?

What Is Employment Discrimination?

Employment discrimination occurs when an employer treats an employee or a job applicant unfairly because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Discrimination can take many forms, from unequal pay or unequal treatment to harassment or retaliation. It is illegal under both federal and state laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Delaware Discrimination in Employment Act. These laws prohibit employers from making discriminatory decisions about hiring, firing, promotions, pay, benefits, or other employment terms and conditions based on an employee’s protected characteristic.

Discrimination can be difficult to prove, but employees who have experienced discrimination have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor. If you believe you have been the victim of employment discrimination, it is important to speak with an experienced employment and labor law attorney who can help you understand your rights and options.

Here are some additional points that may be relevant to an employment discrimination case in Delaware:

    • Employers cannot retaliate against employees who file discrimination complaints or participate in investigations.

    • Discrimination can take many forms, including disparate treatment (intentional discrimination) or disparate impact (unintentional discrimination).

    • The burden of proof in a discrimination case may shift from the employee to the employer depending on the circumstances of the case.

    • Employees who prevail in a discrimination case may be entitled to back pay, front pay, compensatory and punitive damages, and attorney’s fees.

    • Employers have a responsibility to prevent discrimination in the workplace and to take appropriate remedial action if discrimination occurs.

    • Employees who believe they have been discriminated against have a limited time to file a complaint, so it is important to act quickly.

What Is Employment Harassment Under Delaware Law?

Employment harassment is a form of workplace discrimination that involves unwelcome conduct based on an individual’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Harassment can take many forms, including physical, verbal, or visual conduct that creates an intimidating, hostile, or offensive work environment. Common examples of workplace harassment include offensive jokes, slurs, or epithets, unwanted touching or physical contact, and the display of offensive or sexually suggestive materials. Harassment can be particularly damaging to employees, leading to decreased job satisfaction, increased absenteeism, and even physical and mental health problems.

Harassment is illegal under both federal and state laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Delaware Discrimination in Employment Act. Employees who have experienced harassment have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor.

It is important for employers to take appropriate steps to prevent harassment in the workplace, such as implementing a clear anti-harassment policy and providing training to employees and managers. If you believe you have been the victim of workplace harassment, it is important to speak with an experienced employment and labor law attorney who can help you understand your rights and options.

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What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for reasons that are illegal or in violation of the employment contract. While Delaware is an at-will employment state, which means that employers can terminate employees for any reason, as long as it is not discriminatory or in violation of an employment contract.

Examples of wrongful termination include firing an employee because of their race, color, religion, sex, national origin, age, disability, or genetic information, or in retaliation for filing a complaint about discrimination or harassment, taking protected leave under the Family and Medical Leave Act (FMLA), or reporting illegal activity in the workplace. Wrongful termination can also occur if an employer breaches an employment contract, such as firing an employee before the end of their contract term.

Employees who have been wrongfully terminated may have legal recourse, including filing a complaint with the Delaware Department of Labor or pursuing a lawsuit against their former employer. Remedies for wrongful termination may include reinstatement, back pay, front pay, and compensatory and punitive damages. If you believe you have been wrongfully terminated, it is important to speak with an experienced employment and labor law attorney who can help you understand your rights and options.

What Is Sexual Harassment And Sexual Discrimination in Delaware?

Sexual harassment and sexual discrimination are serious issues that can have significant legal and personal consequences for those involved. In Delaware, both of these actions are prohibited under state and federal law.

Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment.

Sexual discrimination, on the other hand, refers to differential treatment based on an individual’s sex or gender identity, including but not limited to hiring, promotion, and pay decisions. Here are some key points that a lawyer in Delaware should keep in mind when dealing with sexual harassment and sexual discrimination cases:

    • Delaware law prohibits both sexual harassment and sexual discrimination in the workplace, as well as in housing, education, and public accommodations.

    • Sexual harassment can take many forms, including but not limited to unwanted touching, comments about an individual’s appearance, and requests for sexual favors in exchange for job benefits.

    • Employers have a responsibility to take reasonable steps to prevent sexual harassment and to investigate and address any complaints that are made.

    • Victims of sexual harassment or sexual discrimination may be entitled to compensation for damages such as lost wages, emotional distress, and medical expenses.

    • In addition to state law, federal law also prohibits sexual harassment and sexual discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

    • It is important for employers to have clear policies in place regarding sexual harassment and discrimination, as well as training programs to educate employees on what constitutes inappropriate behavior.

    • Employees who experience sexual harassment or discrimination should document any incidents and report them to a supervisor or HR representative as soon as possible.

Sexual harassment and sexual discrimination are serious legal issues that must be taken seriously and addressed promptly. The employment lawyers at Schmittinger & Rodriguez are familiar with both state and federal laws related to these topics and be able to advise clients on their legal rights and options and other forms of action they can take against a company or individuals.

State or federal

How Do You Know?

Determining whether your employment or labor law case in Delaware is a state or federal case depends on the specific legal issues involved in your case. Here are some general guidelines to help you determine whether your case falls under state or federal jurisdiction:

    1. Federal Law: If your employment or labor law case involves a violation of federal law, such as discrimination claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA), it is likely a federal case.

    2. State Law: If your case involves a violation of state law, such as the Delaware Discrimination in Employment Act or the Delaware Wage Payment and Collection Act, it is likely a state case.

    3. Diversity Jurisdiction: Even if your case involves only state law claims, it may still be heard in federal court if there is diversity jurisdiction. Diversity jurisdiction exists when the parties are citizens of different states and the amount in controversy exceeds $75,000.

    4. Federal Agency Involvement: If your case involves a claim filed with a federal agency such as the Equal Employment Opportunity Commission (EEOC), it may eventually end up in federal court.

    5. Employment Contracts: If your case involves a breach of an employment contract, the location of the court may depend on the location of the parties and where the contract was formed or executed.

If you or a loved one believes they have an employment case, they should consult with the experienced employment attorneys in Delaware at Schmittinger & Rodriguez to determine the best course of action for your case and which court to file in.

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The Benefits of Hiring an Experienced Employment & Labor Law Lawyer

Hiring employment attorneys ensures that you have the right attorney with whom you can share confidential information and file a discrimination claim for any violation of employment and labor law.

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to experience wrongful workplace events. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected.

If you or someone you love has an employment or labor law issue, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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Employment & Labor FAQs

What are my rights as an employee under Delaware law?

Employees in Delaware have certain rights, including the right to a safe and healthy workplace, protection against discrimination, the right to receive overtime pay, the right to take family and medical leave, and the right to receive workers' compensation benefits if they are injured on the job.

Can my employer fire me for no reason?

Yes, in Delaware, employment is generally "at-will," which means that an employer can terminate an employee for any reason, as long as it is not an illegal reason, such as discrimination. However, some employees may have employment contracts or other legal protections that limit an employer's ability to terminate their employment.

What is the minimum wage in Delaware?

As of January 1, 2023, the minimum wage in Delaware is $11.25 per hour. However, certain employees, such as those who receive tips, may be paid a lower minimum wage.

Can my employer discriminate against me based on my race, gender, or sexual orientation?

No, it is illegal under both federal and Delaware law for an employer to discriminate against an employee based on their race, gender, sexual orientation, religion, national origin, or other protected characteristics. Employees who believe they have been discriminated against may file a complaint with the Equal Employment Opportunity Commission or the Delaware Department of Labor.

  1.  

How do I file a complaint for sexual harassment in the workplace?

If you believe you have been subjected to sexual harassment in the workplace, you should report the harassment to your employer's human resources department or a supervisor. If your employer does not take appropriate action, you may file a complaint with the Equal Employment Opportunity Commission or the Delaware Department of Labor. It is also advisable to consult with an employment lawyer who can provide legal advice and guidance throughout the process.

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

Dover

414 South State Street
Dover, DE 19901
(302) 674-0140

Middletown

651 N Broad Street, Suite 203
Middletown, DE 19709
(302) 378-1697

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18489 Coastal Highway, 2nd Floor
Rehoboth Beach, DE 19971
(302) 227-1400

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

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